Guest jcj Posted March 12, 2004 Posted March 12, 2004 Our plan allows for one outstanding loan balance at a time. The SPD states "The maximum loan amount is the lessor of 50% of the the vested account balance or $50,000 minus the highest outstanding loan balance in the prior 12 calendar months". We are questioning if this is inline with how the regs word the calculation. Is there mention of "highest outstanding loans" in the prior 12 calendar months. For example, if a participant took out a loan for $10,000, paid it off, and then took out another loan for $5,000, all within the past 12 months. Would the current available balance be $50,000-$10,000-$5,000 = $35,000?
WDIK Posted March 12, 2004 Posted March 12, 2004 See Code Section 72(p)(2)(A) Note the wording is "highest outstanding balance", not the total of all loans. ...but then again, What Do I Know?
Guest jcj Posted March 15, 2004 Posted March 15, 2004 It states "highest outstanding balance of loans" from the plan during the 1-year period ending on the day before the loan is taken. Is this highest outstanding balance at a given time or is highest outstanding balance of "loans" in the past 1-year? The plan allows for one loan at a time.
Brian Gallagher Posted March 15, 2004 Posted March 15, 2004 In this case, the answer is $10,000. Remember: two wrongs don't make a right, but three rights make a left.
FundeK Posted March 15, 2004 Posted March 15, 2004 Is this highest outstanding balance at a given time or is highest outstanding balance of "loans" in the past 1-year? You would take a previous 12 month "snapshot" of the loan account. What is the highest amount the participant had outstanding at any given time? If the $10,000 loan was paid off, and a new loan issued, the highest balance he/she had outstanding was $10,000. If the plan allowed more than one loan, you would have to aggregate all of the outstanding loans to determine the maximum available. The system we used at my previous employer did this calculation for us. (OMNI plan)
Guest jcj Posted March 15, 2004 Posted March 15, 2004 Thanks. So, based off what your saying, if the participant continued to take out loans (one at a time and then paid them off) but always took a loan less than $10,000, his loan amount available will always be $40,000? [$50,000-$10,000 =$40,000] Assuming, this is less than 50% of his vested balance.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now